MEIS INDUSTRIES CO

MEIS INDUSTRIES CO

A commercial suit that exceeds the statutory life span of 10 to 12 months without a court-ordered extension is not legally maintainable and must be struck out for non-compliance with Rule 32(2) of GN 250 of 2012.

Source-derived case information.

Citation
MEIS INDUSTRIES CO
Parties
Plaintiff: Meis Industries Co Limited; 1st Defendant: Exim Bank (T) Tanzania Limited; 2nd Defendant: The Receiver Manager Tanganyika Investment Oil and Transport Co Ltd; 3rd Defendant: Ismail Ally Salehe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2013
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Suit struck out for offending Rule 32(2) of GN 250 of 2012; Plaintiff to pay half of the costs incurred by Defendants.
Legal Topics
Limitation of Actions, Case Management, Dismissal of Suit
Source Language
english
Civil Procedure Commercial Law Limitation of Actions Case Management Dismissal of Suit

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Parties

Meis Industries Co Limited

Plaintiff

Exim Bank (T) Tanzania Limited

1st Defendant

The Receiver Manager Tanganyika Investment Oil and Transport Co Ltd

2nd Defendant

Ismail Ally Salehe

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is maintainable after expiry of statutory life span under Rule 32(2) of the High Court (Commercial Division) Procedure Rules, GN 250 of 2012
  2. 2 Whether the suit should be dismissed or struck out for exceeding the prescribed period without extension

Ratio Decidendi

A commercial suit that exceeds the statutory life span of 10 to 12 months without a court-ordered extension is not legally maintainable and must be struck out for non-compliance with Rule 32(2) of GN 250 of 2012.

Court Disposition

Suit struck out for offending Rule 32(2) of GN 250 of 2012; Plaintiff to pay half of the costs incurred by Defendants.

Orders

  • Suit struck out for exceeding statutory life span without extension.
  • Plaintiff ordered to pay half of the costs incurred by Defendants.